City to 'redouble' bid to stop drinking at Prescott Park

PORTSMOUTH — City officials have pledged to “redouble” their efforts to prevent people from drinking at Prescott Park Arts Festival events after hearing from the state attorney general’s office.

City Attorney Robert Sullivan said he spoke with Terry Knowles, assistant director of the attorney general’s Charitable Trust Division, last week after her office received complaints about people drinking at festival events in the city owned-park.

“She told me the attorney general’s office is taking these complaints very seriously,” Sullivan said Tuesday. “The primary reason for that is it’s so clear that the Prescott sisters who made the park available to the city were very much opposed to alcohol use.”

The sisters acquired the property and then gave it to the city to create a park “because of the historically bawdy use of the area,” Sullivan said.

“The reason we’re taking this particular issue so seriously is the Prescott Trust specifically states there shall be no alcoholic beverages in the park,” Knowles said Tuesday. “That’s a requirement of the trust.”

City officials agreed to take a number of actions to address the attorney general’s concerns, Sullivan said. “In matters of charitable trusts, one needs to pay attention to anything the attorney general’s office says,” he said.

Thomas J. Donovan, director of Charitable Trusts Division, outlined actions being taken in an emailed response to one of the complaints. “Since you forwarded this message to me, our office has been in touch with the Portsmouth city attorney,” Donovan stated, according to a copy of the e-mail obtained by the Portsmouth Herald.

Donovan said Portsmouth Police Chief Robert Merner “has or will meet with the arts festival executive director (Ben Anderson) to discuss the need for PPAF to take seriously the no alcohol rule.” The city also agreed to “erect large signs in the park prohibiting alcohol” and “police have been instructed to issue citations whenever they see alcohol,” Donovan said.

The city is designing the new signs and “the Police Department has been requested to be particularly mindful about alcohol use in the park,” Sullivan said.

Merner could not be immediately reached for comment Tuesday.

“If followed through, we believe this will result in effective enforcement of the no alcohol policy,” Donovan said.

Police cited a single festival-goer for drinking in the park during a festival event July 1.

Anderson said the festival’s operation’s manager is “in continuous contact with the police chief and the Police Department.” Festival officials have committed to hiring a city police officer to serve as a detail officer at every concert event, he said.

“This is something the festival takes seriously as does the city," he said. "We’re doing a great job working together and making sure people are aware of this."

Anderson had not heard that the attorney general's office reached out to the city about drinking at festival events. “This is the first I’ve heard of anyone bringing something to the AG’s office,” he said.

Anderson blamed the complaints on a small group of residents opposed to the festival. “These tactics of trying to make issues of non-issues are unfortunate and misplaced and frustrating,” he said.

The festival’s operation’s manager has met with Merner. Anderson said he “looks forward” to meeting him too, saying he’s heard Merner is “fantastic.”

Anderson stressed festival employees “work closely with the Police Department." “They’re coming through the park all the time during all the events, they’ve been fantastic,” he said.

There are already signs posted at all entrances telling patrons there’s no drinking in the park and festival staff always remind people from the stage. “If more signage is warranted we’re happy to abide,” Anderson said.

The 2017 festival season has been “great,” he said, adding the community's response to the play and shows “has been outstanding.” “Night after night it’s amazing to see everyone come together in this rare and unique community setting."

Knowles said the attorney general's office received two complaints about drinking in the park, but could not identify who filed the complaints.

After talking to Sullivan, her office came away “very satisfied with the elements that the city of Portsmouth is going to put in place to deal with the alcohol issue,” she said.

The attorney general would likely follow up with the city only if the office receives additional complaints, she said.

“In talking with the city attorney he said if we do we are to call him directly,” Knowles said.

She pointed out the attorney general’s office “agreed with the city attorney that it would be too invasive to do searches of bags when people come in.”

“But if there’s open use of alcohol and the police are there, they are going to deal with that,” she said.

Sullivan stressed “because of the need to implement the intent of the Prescott sisters, the AG’s office is taking this alcohol thing very seriously. ... The city is also taking this seriously."

“Alcohol use in Prescott Park is in violation of city ordinance and it’s also in violation of our agreement with the Prescott Park Arts Festival,” he added. “After I discussed these issues with the city manager, we told the attorney general’s office that the city’s efforts would be redoubled.”

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